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Title 29 — LaborRelease 119-73

§211 Collection of data

Title 29 › Chapter CHAPTER 8— - FAIR LABOR STANDARDS › § 211

Last updated Apr 6, 2026|Official source

Summary

The Administrator can investigate and collect information about wages, hours, and other workplace practices in any industry covered by this law. The Administrator or their representatives may enter workplaces, look at records, copy them, and question employees to find out if the law has been broken or to help enforce it. The Administrator normally uses the Department of Labor’s bureaus to do these investigations and must bring enforcement actions under section 217, except as allowed by section 212 or by using state help under the next rule. If state or local labor agencies agree, the Administrator and the Secretary may use their staff and may pay them for those services. Employers covered by this law must make and keep records about their workers, pay, hours, and working conditions, keep those records for the times the Administrator requires, and send reports when asked. An employer of a substitute worker described in section 207(p)(3) does not have to record the hours of that substitute work. The Administrator may also create rules about industrial homework to stop ways that would evade the minimum wage, and current rules on that stay in effect.

Full Legal Text

Title 29, §211

Labor — Source: USLM XML via OLRC

(a)The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter. Except as provided in section 212 of this title and in subsection (b) of this section, the Administrator shall utilize the bureaus and divisions of the Department of Labor for all the investigations and inspections necessary under this section. Except as provided in section 212 of this title, the Administrator shall bring all actions under section 217 of this title to restrain violations of this chapter.
(b)With the consent and cooperation of State agencies charged with the administration of State labor laws, the Administrator and the Secretary of Labor may, for the purpose of carrying out their respective functions and duties under this chapter, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may reimburse such State and local agencies and their employees for services rendered for such purposes.
(c)Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations or orders there­under. The employer of an employee who performs substitute work described in section 207(p)(3) of this title may not be required under this subsection to keep a record of the hours of the substitute work.
(d)The Administrator is authorized to make such regulations and orders regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations or orders of the Administrator relating to industrial homework are continued in full force and effect.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1985—Subsec. (c). Pub. L. 99–150 inserted “The employer of an employee who performs substitute work described in section 207(p)(3) of this title may not be required under this subsection to keep a record of the hours of the substitute work.” 1949—Subsec. (d). Act Oct. 26, 1949, added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–150 effective Apr. 15, 1986, see section 6 of Pub. L. 99–150, set out as a note under section 203 of this title.

Effective Date

of 1949 AmendmentAmendment by act Oct. 26, 1949, effective ninety days after Oct. 26, 1949, see section 16(a) of act Oct. 26, 1949, set out as a note under section 202 of this title. Effect of

Amendments

by Public Law 99–150 on Public Agency Liability Respecting any Employee Covered Under Special

Enforcement

PolicyAmendment by Pub. L. 99–150 not to affect liability of certain public agencies under section 216 of this title for violation of this section occurring before Apr. 15, 1986, see section 7 of Pub. L. 99–150, set out as a note under section 216 of this title. Definition of “Administrator” The term “Administrator” as meaning the Administrator of the Wage and Hour Division, see section 204 of this title.

Executive Documents

Transfer of Functions

Functions relating to

Enforcement

and administration of equal pay provisions vested by subsecs. (a), (b), and (c) of this section in Secretary of Labor and Administrator of Wage and Hour Division of Department of Labor transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. For

Transfer of Functions

of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. “Secretary of Labor” substituted for “Chief of the Children’s Bureau” in subsec. (b) by 1946 Reorg. Plan No. 2. See note set out under section 203 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 211

Title 29 — Labor

Last Updated

Apr 6, 2026

Release point: 119-73